Practice areas

PRACTICE AREAS

PERSONAL INJURY

Gennady Yankilevich P.C., has the well-deserved reputation for taking on the most complex and challenging personal injury cases and delivering results. When you or someone you know has been injured, the consequences can be overwhelming. Who pays for my hospital bills, who fixes my car, and am I entitled to compensation, are just some of the initial concerns you may have.
Legal issues are probably the last thing on your mind. However, dealing with health issues, rehabilitation, insurance issues and personal claims surrounding motor vehicle accidents as well as trip and fall incidents and all other catastrophic personal damages, is crucial, as you typically have a short time to deal with them. This is the time when you need to be clear about your rights and speak with an experienced personal injury attorney.
We help you understand how the system works in our State, what your rights and options are, and what is necessary for you to present a claim for compensation. We develop strong relationships with clients, their families and healthcare professionals. Remember, it is more important for us that you forever remain a friend of our firm, rather than be a one-time client.
These are some of the personal-injury areas we deal with every day, be it an out-of-court negotiation, or in-court litigation.

Automobile and motorcycle accidents

Trip and fall

Slip and fall

Construction accidents (Labor law)

Building/Lobby/Elevator/Escalator accidents

Work related injury (Workers compensation)

Medical malpractice, Doctor mistake

Defective products and Products Liability

No-fault car insurance claims

Assault and Battery

Food poisoning/salmonella

Cases against New York City and its agencies

Construction Worker Injuries

Construction workers face many dangers on the job. However, such accidents are many times preventable. Those operating construction sites may act negligently, failing to provide the necessary safety precautions, resulting in serious injuries or death.

Workers’ Compensation

A workers’ compensation claim can help injured workers recover for medical bills, lost wages, and other loses. An attorney can help you determine the proper course of action should you have been injured on-the-job.

What should I do after being injured on the job?

After suffering an injury in a workplace accident, you need to seek proper medical attention as soon as possible. After getting that treatment, document the accident and talk with an attorney. Workers’ compensation laws can be complex, and the process may be difficult for those who are not familiar with how the system works.

Why should I talk to a lawyer about my claim?

Insurance companies that appear before the Workers’ Compensation Board almost always have legal representation. You also deserve to have experienced legal representation on your side. If you are required to appear before an administrative law judge, it is in your best interest to have an attorney with you.

What about attorney fees?

If you are already injured and out of work, you may wonder how you will afford a lawyer. In a workers’ compensation case, it is up to an administrative law judge to determine your attorney’s fees. These fees are generally based on the work required in your claim and are paid out of the benefits you receive. If your claim is denied, you owe no fees.

YOU SHOULD KNOW

Workers’ Compensation benefits only provide a small portion of the compensation that a construction worker may be entitled to receive. In addition to Workers’ Compensation, a construction accident victim may also be entitled to receive substantial financial compensation for pain and suffering and other money damages caused by an accident by commencing a lawsuit against a 3rd party that may be responsible for the accident.

If you are an undocumented immigrant who has been injured on a construction site don’t let your supervisor or employer prevent you from reporting your injury and receiving benefits and other financial compensation that you may be entitled to by law.

Civil Rights

It is important to our firm that the civil rights of all New Yorkers’ are upheld, and those who violate a citizen’s civil rights be held responsible. From police brutality and excessive force, to false arrest and imprisonment, it is important that civil rights violations be prevented and, when they occur, that those responsible are held accountable.

Medical Malpractice

The medical and legal issues in malpractice cases are complex and lawsuits are always vigorously defended by very experienced and knowledgeable defense counsel. Hospitals and medical professionals are supported by the enormous resources of a malpractice insurance company. This is why you need to speak with an experienced medical malpractice lawyer.

If you or someone you care about has suffered damages as a result of a negligent act or omission by a health care professional, we can help. Lawyers affiliated with our firm have been representing medical malpractice victims for many years. And nobody does it better. We’re committed to securing proper and just compensation, and genuinely care about your needs and rights.

Motor Vehicle Accidents

Motor vehicle accidents can be life-changing. This is why accident victims need an experienced attorney on their side. At the Law Offices of Gennady Yankilevich, we understand the challenges and fears accident victims face, and work to help clients received the compensation necessary to facilitate the recovery process.

Slip and Fall Accidents

Negligent sidewalk maintenance can lead to serious falls and injuries. In New York City, owners of commercial property and certain homeowners are responsible for the safety of sidewalks adjoining their properties. If you have experienced a slip and fall accident as a result of a slippery staircase, an unsafe sidewalk, or other property dangers, an attorney at the Law Offices of Gennady Yankilevich will help you understand your options.

Premises Liability

Premises liability cases surface when an individual is injured as the result of a property owner’s negligence. This can be the case in retail stores, commercial properties, and apartment buildings, among other locations.

Product Liability

Product manufacturers and distributors have a legal right to ensure that their products are safely designed and manufactured. For those who have suffered injuries as a result of a defective product, a product liability claim can help hold the necessary party, or parties, responsible.

COMMERCIAL LITIGATION

Our firm has represented clients in complex litigation involving partnership disputes and corporate dissolutions, claims of breach of contract, breach of fiduciary duty, negotiable instrument actions and unpaid/unsettled debts. Our firm also counsels clients on alternate dispute resolution and litigation avoidance. After all, it is often a wise business decision to settle out of court, rather than litigate to no end.

The firm focuses on representing businesses and business owners, obtaining an intimate understanding of your business needs and then aiming to achieve your goals. Our firm functions as in-house counsel, giving each client prompt personalized attention and expedited handling of issues. There are no paralegals or assistants who act as a buffer between the client and the attorney. The result is exceptional individualized service based on the relationship we build with the client, and the opportunity we get to literally become a part of your business organization, mission, and strategy.

Our clients include start-up, growth, and mature companies in a vast array of enterprises, including entertainment, technology, retail sales, health care, coop/condominium, fast food, service and others. The philosophy of our firm is to support our clients through understanding and respecting their vision and helping them implement that vision with pragmatic and real-world solutions to their legal needs.

The confidence and respect that our clients place in our firm has caused our practice to grow. Our track record with long standing clients, coupled with our ability to provide assistance in business sale/purchase, as well as legal support to start-up companies, is a source of pride in our organization.

CRIMINAL DEFENSE in NEW YORK / NEW JERSEY

Hiring a good criminal lawyer who knows the courts in New York and New Jersey is important. It could mean the difference between a successful outcome and one, not so much. Our experience means that you’ll have access to the best knowledge and education, as well as the every-day prowess that is so important when it comes to the criminal defense of a client.

Our firm knows that people who are accused of drunk driving (or DUI) are worried about losing their license or driving privileges, or are concerned about what effect the outcome will have on their employment, their families, or even their freedom. We know that when this happens, people need quick and clear answers to their legal concerns. We also often arrange for a bail bond to be posted, or fight for a bail reduction to release your loved one, so that we can defend the case with the client free, rather than him or her being in jail, awaiting a hearing.

When you’re facing a first time DUI, or a misdemeanor, your case is too important not to get the best, and most expert legal assistance you can find. Perhaps you can ‘walk away’ without a lasting record, being that it is your first offense, or perhaps you were wrongfully accused, and need to make absolutely sure that all charges are dropped and record of arrest is expunged. That is why it is so important to have dedicated legal representation, one that is with you for the long haul, and not just a ‘one time deal’.

If, on the other hand, you are charged with more serious crimes, and are facing a felony, it is equally, if not more important to hire an experienced and devoted attorney. Not every attorney out there knows her way around the courthouse, and possess the knowledge and skill to utilize every available exception in the law, to make sure you are protected and that the outcome of the criminal proceedings against you is as fair and just as possible. We present every defense, every strategy — every piece of evidence in your favor to fight your case or felony criminal defense matter.

We have rightfully earned the respect of judges, prosecutors and police officers as aggressive attorneys who are not afraid to challenge them on tough cases. As a matter of fact, many other attorneys refer their criminal cases to our office for skilled, expert handling.

Our criminal defense attorneys handle the following types of matters:

Drunk Driving and DUI

Assault and Battery

Possession/Sale of guns

Domestic Violence

Drug Possession

Possession for Sale, of Narcotics

Juvenile Crimes

Fraud

Robbery/ Burglary

Petty crimes & Misdemeanors

LANDLORD / TENANT

Renting With a Written Lease

When two parties enter into a landlord-tenant relationship with a written lease, the tenancy is governed by the terms of the lease. This lease must be written in clear, plain language and divided into captioned sections. Upon termination of the lease period, the landlord has the option of increasing the rental price (unless the property is subject to rent stabilization or rent control). Furthermore, if the tenant remains on the property upon the termination of the lease (known as a “holdover tenant”), the landlord can either (a) evict the tenant or (b) maintain the relationship as a “month-to-month” tenancy.

Renting Without a Written Lease

When two parties enter into a landlord-tenant relationship without a written lease, this arrangement is known as a “month-to-month tenancy.” In this type of tenancy, the tenant continues to maintain possession of the property for monthly periods, beginning on a specific calendar day. To terminate, either the Landlord or Tenant must give notice at least 1 month’s notice to the other. A Landlord must give stop accepting rent, after he/she gives such notice.

Condition of the Apartment (Warranty of Habitability)

A landlord must maintain all apartments and areas in a condition fit for living and not dangerous to the life, health, or safety of the tenant. The landlord will be held liable, even if the landlord is not at fault, unless the violation is the result of the conduct of the tenant, or the tenant’s guest. If the warranty is violated, the tenant may withhold payment of rent until the condition is repaired or may force the landlord to make repairs.

Holdover Tenants

Once the lease period has expired, if the tenant fails to vacate the premises, the landlord may bring an action for eviction. If the tenant is a “month-to-month” tenant, the landlord must give one calendar month’s written notice to the tenant – a Notice to Vacate.

Eviction

A tenant who fails to pay rent, or violates the lease, may be evicted, but only after the landlord obtains a court order. The process of eviction begins with personal service on the tenant of a Petition and Notice of Petition. There are possible defenses that a tenant may raise that will give the tenant protection from eviction, or payment of damages. If the tenant does not respond to the Petition, or the court finds in favor of the landlord, the tenant will be served with a warrant signed by the judge, giving the tenant 3 days to vacate the premises. If the tenant fails or refuses to vacate the premises, the sheriff may remove the tenants’ property and lock him or her out of the apartment.

BUSINESS / CORPORATIONS

Sole Proprietorship

The individual owner of an unincorporated business operates the business as an extension of himself. The profits and losses of the business are reported on the tax return of the owner – there is no separate business filing. The owner is personally responsible for any liabilities of the business. If someone sues the business for breach of contract, personal injury, or to collect a debt, the court can directly levy the personal bank account and other property of the owner. The major advantage of sole proprietorship is that it is the simplest and least expensive structure, as there is really nothing to set up and maintain.

C-Corporation

A corporation is owned by one or more stockholders, managed by a board of directors elected by the stockholders, and run day-to-day by officers appointed by the board of directors. A single individual can be the sole stockholder, director and officer of the company. The stockholders, directors and officers of the company are protected from the liabilities of the company, or their own negligence, when acting in their corporate role. In a “C” corporation the profits and losses of the corporation are not passed through to the tax returns of the owners. The corporation files its own tax return and pays its own taxes. It may also be subject to state franchise taxes or other annual fees.

S-Corporation

After the corporation has been formed, the stockholders may elect “S Corporation” status by making a filing with the IRS. An S Corporation is taxed like a ‘partnership’ and the profits and losses of S Corporations flow through to the federal tax returns of the owners in proportion to their stock ownership. The S-corporation structure is generally preferred over a standard corporation when most of the shareholders are involved in its day-to-day activities, and the corporation distributes most of its income to its shareholders; in other words, for small businesses.

Limited Liability Company (LLC)

An LLC consists of members, rather than shareholders. The ownership percentages, profit and loss distributions, and voting powers of each member are determined by the LLC “Articles of Organization”. An LLC can choose to be taxed like a partnership, or S Corporation with profits and losses flowing through to the owners’ tax returns, or taxed like a C Corporation, filing its own return. The owners and any officers and directors are further protected from the liabilities of the company, as in a corporation. An LLC is generally subject to franchise tax, though this varies from state to state.

Non-Profit Corporation

A non-profit corporation does not have to be a “charity”. A non-profit corporation may be an industry association, a social organization, a research firm, or even a consulting group. It can even sell products or services. The difference is that there are no owners, and any “profits” are simply retained by the corporation to be re-invested for whatever the purpose of the corporation may be. A non-profit can have employees, and those employees can be paid fair market value for their services. There are many restrictions on non-profits that make it a challenging choice.

These are special entity forms created for lawyers, doctors, CPA’s, architects, engineers and other professionals subject to licensing requirements and malpractice liability. They are similar to the standard forms, except that usually the appropriate state licensing body must approve the formation documents before they are filed with the Secretary of State.

General Partnership

Two or more people own the business jointly and share profits and losses of the business as spelled out in the ‘partnership agreement’. Each partner is potentially responsible for the full amount of all liabilities of the business, i.e., a creditor can collect the full amount of a debt of the partnership from the partner that is the easiest to collect from. Distribution of profits and losses is determined by the partnership agreement and passes through to the individual partners. It does not have to match the ownership percentages. The partnership itself is not subject to any income or franchise tax. Control of the business is determined by the partnership agreement, but unless stated otherwise, the partners control the business jointly, with each partner having an equal vote. An advantage of partnerships is that, like a sole proprietorship, no state filings are required to create the business entity, nor are there any ongoing reporting requirements.